Statutory notice periods are set out in the Housing Act 1988.

If a landlord evicts a tenant under section 21 of the Housing Act 1988, they must provide a notice period of two months – and they do not have to provide a reason for the eviction. This has resulted in some tenants feeling insecure in their properties, knowing that they could be asked to leave when the fixed-term has ended without being given an explanation.

The Government does not feel it is fair that people can be asked to leave a property without being given a valid reason and so it has committed to removing section 21 of the Housing Act 1988.

The Housing Act 1988 already contains grounds for eviction that allow the landlord to seek possession of the property in the event of non-payment of rent and anti-social behaviour.

The Government consultation on tenancy reform was published 21 July 2019. In light of the Government’s intention to remove section 21, this consultation asks for views on strengthening the existing ground covering rent arrears and seeks more evidence on how landlords use the existing grounds for anti-social behaviour.

We expect to consult on our reforms over the summer. We want to collaborate with landlords and tenants to ensure these reforms are introduced effectively.

Tenants are protected from illegal eviction through the Protection from Eviction Act 1977, the Housing Act 1988, and the retaliatory eviction provisions in the Deregulation Act 2015. Under the Eviction Act 1977, local authorities have the power to prosecute landlords in the criminal courts who break the law.

We want to go further, and we recently announced that we will abolish ‘no-fault’ evictions by repealing section 21 of the Housing Act 1988. By ending ‘no fault’ evictions, landlords will always have to provide a reason for ending a tenancy. This more secure tenancy framework will give tenants greater confidence that they can complain about problems with their home without the fear of eviction.

Tenants in the private rented sector are protected from retaliatory eviction through the Deregulation Act 2015. This prevents landlords from carrying out a Section 21 eviction for 6 months if the local authority has served either an improvement notice, or a notice of emergency remedial action, which has not been addressed.

The government is committed to protecting the rights of tenants and giving them more security. We recently consulted on ways to overcome the barriers to landlords offering longer, more secure tenancies in the private rented sector. The consultation sought views on the effectiveness of the existing protections in the Deregulation Act.

We are considering responses to the consultation and will be bringing forward proposals that make the system work better for both tenants and landlords.

The Government does not require landlords to record centrally that they have served a Section 21 notice to their tenants and we have no plans to make them do so.

However, we collect data through the English Housing Survey on tenants’ reasons for moving out of a private sector property. According to the 2016-17 Private Rented Sector report the majority of tenancies are ended by the tenant themselves or by mutual consent,
rather than by the landlord serving an eviction notice.

The Government is committed to protecting the rights of tenants and giving them more security. We recently consulted on ways to overcome the barriers to landlords offering longer, more secure tenancies in the private rented sector.

We are considering responses to the consultation and will be bringing forward proposals that make the system work for both tenants and landlords. We will provide more information on next steps shortly.

The vast majority of tenancies end without problem and it is only in a minority of cases that landlords seek repossession of their property through the courts. The English Housing Survey 2016-17 found that just 10 per cent of tenants moved because they were asked to leave or were given notice by their landlord and not all these cases involved in court proceedings.

Only a small percentage of moves in the private rented sector end in the courts. In England and Wales, there were 20,590 private landlord possession cases in 2016-2017, compared to the total of 1.1 million moves into and within the Private Rented Sector.

Landlords need to know they have the flexibility to get their property back quickly when their circumstances change. Without those assurances, landlords would be less willing to enter and stay in the market, which does not help tenants.

The government is committed to protecting the rights of tenants and giving them more security. We recently consulted on ways to overcome the barriers to landlords offering longer, more secure tenancies in the private rented sector. This included seeking views on the grounds under which a landlord should be able to recover their property.

Some landlords have expressed concerns about their ability to repossess their property through the courts. To better understand this we launched a call for evidence, on 13 November, to better understand the experience of courts and tribunal service users, including members of the judiciary, landlords and tenants, in property cases. This call for evidence will close on 22 January.

We want to consider carefully the responses to both the consultation on overcoming the barriers to longer tenancies, and the call for evidence on user experience of the courts, before making any policy decisions. We will provide more information on next steps in due course.

The 2016-17 English Housing Survey found that 10 per cent of private renters who have moved in the last three years have done so because they were ‘asked to leave or given notice by the landlord’. Government is committed to taking steps to make renting more secure. In the private rented sector, we have recently consulted on overcoming the barriers to longer tenancies. We will be responding shortly.

Most social tenants have lifetime tenancies which do not have an end date.

Government keeps rent levels and numbers of evictions under review. We are taking steps to make renting more affordable and more secure. In the private rented sector, we have recently consulted on overcoming the barriers to longer tenancies and we have committed to ban letting fees and cap tenancy deposits.

A constituent of mine has been a faithful council tenant for 30 years. Over this time, she has invested much in her home. Her ex-partner served notice when he moved out, and now City of York Council is moving to evict her next week. This is having a serious impact on her mental health—among other things, it has led to her feeling suicidal—yet the council still plans to move her. Will the Minister urgently meet me to discuss this case and the mental health assessments of tenants that should take place?

The Government recognises that the ending of an assured shorthold tenancy is biggest cause of homelessness. The Government is committed to protecting the rights of tenants and giving them more security.

We have published a model tenancy agreement which landlords and tenants can use as the basis for longer, family friendly tenancies, available for free at www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-tenancy. And the measures announced in the Housing White Paper resulted in many of the largest build to rent operators offering their tenants the option of longer tenancies.

Also, this week we have launched the £20 million Private Rented Sector Access Scheme to support those who are, or at risk of homelessness. This access scheme will help those people sustain tenancies.

Under the Assured Shorthold Tenancy regime, which is now the most common form of tenancy in the private rented sector, tenants have a minimum of 6 months security of tenure. According to the English Housing Survey, 10 per cent of tenants moved because they were asked to leave or were given notice by their landlord. A landlord can only seek possession within the fixed term tenancy period by applying to the court for a possession in accordance with section 8 of the Housing Act 1988 on one or more of the grounds contained in schedule 2.

Outside of the fixed term period, a landlord can evict a tenant using a Section 21 notice but only where the landlord has complied with certain legal obligations. These include protecting their tenants’ deposit in a Tenancy Deposit Protection scheme, providing Gas Safety Certificates, and also providing a copy of the Government’s ‘How to Rent’ guide.

The Government is committed to making renting more secure. On 2 July, we launched a consultation on overcoming the barriers to longer tenancies in the private rented sector. We are seeking views on a three year longer tenancy model with a six month break clause to allow tenants and landlords to exit the agreement early if needed. The Government will consider the responses to the consultation and set out next steps later in the year. The consultation document is available at https://www.gov.uk/government/consultations/overcoming-the-barriers-to-longer-tenancies-in-the-private-rented-sector.